5.2. BASR 05-24-2022 - Laserfiche WebLink

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Applicable Regulation (The applicant’s responses are italicized with staff’s notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and a. The front yard setback is only needed due to the oddly shaped property line at the northwest corner of the site. The building itself is setback 65’-9” from the north property line, and 71’-9” from the west property line which clearly meets intent. b. The parking variance meets the purpose and intent of the ordinance by providing all required covered parking, and showing proof of parking up to the requested parking ratio of 2.5:1. The unique front property line forces the building to be setback further than a typical lot. The proposed building location is setback further than would otherwise be required and is in harmony with the ordinance. The requested parking reduction is accompanied by a proof of parking exhibit which can satisfy the ordinance should parking be a concern in the future. This request is consistent with numerous other projects throughout the city. 2. Is consistent with the City of Elk River Comprehensive Plan. a. The City of Elk River Comprehensive Plan calls out the need for additional affordable housing, which this project provides. The front yard setback and parking variance allows for the creation of this needed resource. b. Additionally, Hillside Heights meets all other zoning and land use requirements as set out by the Comprehensive Plan and helps to develop out the Station Area Residential housing area. The request is consistent with the Comprehensive Plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Hillside Heights proposes to use the property in a reasonable manner for multi-family housing which is currently allowed by code, but needs these two variances to make the project feasible. The two requests are reasonable uses of the property and include provisions to either meet (proof of parking) or exceed (unique setbacks) city ordinances. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and a. The particular arc of property line at the northwest corner is especially unique and due to an easement with the City of Elk River. b. A parking variance is needed to maximize use of the site. The market indicates a 2.5:1 ratio is too much parking and there will be empty parking stalls. However, proof of parking allows Hillside Heights Limited Partnership the ability to build out additional stalls to the required ratio if these market indications change (i.e. more parking is needed for tenants).